Workers' Compensation

Recent Posts

MO: Working Doesn't Stop PTD Benefits for Claimant
Posted on 28 Feb 2012 by Martin Klug

A permanently and totally disabled claimant with a traumatic brain injury did not lose benefits because he was working, according to the Missouri Court of Appeals, when the employer failed to show a change in physical condition. The case is Pavia v Smitty's... Read More

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!
Posted on 19 Mar 2012 by Cassandra Roberts

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I... Read More

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware
Posted on 21 Oct 2011 by Cassandra Roberts

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all... Read More

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome
Posted on 7 Sep 2012 by Larson's Spotlight

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Missouri: No Death Benefits From Toe Fracture
Posted on 14 Feb 2012 by Martin Klug

Claimant died five years after he stubbed his toe while delivering pizzas. He fractured his toe and claims he also hurt his knee. The ALJ awarded death benefits. The parties disputed whether claimant's left knee symptoms, recurrent surgeries for a... Read More

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal
Posted on 20 Apr 2012 by Cassandra Roberts

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before... Read More

Tennessee: Injured Worker’s Testimony Sufficient to Establish Total Disability in Spite of Light Work Capabilities
Posted on 2 Feb 2017 by Thomas A. Robinson

In an unpublished opinion, the special appeals panel of the Tennessee Supreme Court has affirmed a finding that an injured employee was entitled to permanent and total disability benefits in spite of the fact that a functional capacity evaluation (FCE... Read More

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware
Posted on 14 Mar 2012 by Cassandra Roberts

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut... Read More

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware
Posted on 22 May 2012 by Cassandra Roberts

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post... Read More

California: Rating Multiple Disabilities Using the Combined Values Chart
Posted on 24 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

A recent noteworthy panel decision provides guidance on the WCJ’s Role vs. the Medical Expert’s role A California WCAB panel has rescinded a Workers’ Compensation Judge’s (WCJ) finding that an applicant sustained 73 percent... Read More

Larson’s Spotlight on Recent Cases: Clash of Medical Opinions Over Surgery to Correct Injured Worker’s Enlarged Breast Condition
Posted on 30 Mar 2012 by Larson's Spotlight

Larson's Spotlight on Conflict of Medical Opinions, Future Medical Payments, Employer's Safety Rules, and Lump-Sum Settlement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions
Posted on 2 Apr 2012 by Cassandra Roberts

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter... Read More

WCI 67th Annual Workers' Compensation Educational Conference August 19-23, 2012, Orlando, FL
Posted on 25 May 2012 by LexisNexis Workers' Comp Law Newsroom Staff

The dates for the Workers' Compensation Institute (WCI) 67th Annual Workers’ Compensation Educational Conference and 24th Annual Safety & Health Conference have been set for August 19-23, 2012. The conference will be held at The Orlando... Read More

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware
Posted on 21 Oct 2011 by Cassandra Roberts

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all... Read More

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware
Posted on 22 May 2012 by Cassandra Roberts

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post... Read More